Grange Legal are encouraging people to consider making Lasting Power of Attorneys (“LPAs”) before it’s too late.
An LPA is a legal document that allows the donor (the person giving away the power) to appoint a person or people, known as attorneys, to act during the donor’s lifetime to help make decisions or, in the case of a lack of mental capacity.
What are the two types of LPA?
A property and finance LPA – this allows the attorneys to manage property, bank accounts, savings, and investments.
A health and welfare LPA – this allows the attorneys to decide on medical care, living arrangements and even diet, dress, or daily routine. The health and care LPA can also encompass life sustaining treatment decisions which can include a serious operation such as a heart bypass or organ transplant, cancer treatment and whether artificial hydration and nutrition is to be withdrawn.
Both types of LPA must be registered with the Office of the Public (“OPG”) before they can be used. It is important to note that even with a registered LPA or LPAs that the donor remains in complete control of their affairs unless or until they lack mental capacity.
With the OPG currently taking up to 14 weeks to process LPA registrations, Grange Legal is advising clients to put plans in place way before they think they might need them to ensure their affairs are looked after during their lifetime if they lack mental capacity or require additional help.
Grange Legal are advised by clients having put in place LPAs that they feel in control of their future, having appointed people they believe will always act in their ‘best interests’ and have obtained peace of mind from putting LPAs in place.
What if I don’t have LPAs in place and I lose mental capacity?
Regrettably, Grange Legal are contacted far too frequently by adult children and/or friends on behalf of their parent(s) enquiring as to the possibility of putting in place LPAs. Sadly, the delayed timing has resulted in many cases where the donor was already lacking mental capacity meaning they were unable to put in place LPAs.
If you do not create Lasting Powers of Attorney whilst you have capacity, a loved one can apply to the Court of Protection to determine who can act on your behalf and appoint them as your ‘deputy’. This process is costly, lengthy, does not always give the desired result because the Court will ultimately decide who will act on your behalf.
At Grange Legal, we recommend that everyone over the age of 18 should set up both types of LPA regardless of health and circumstances because we do not have a crystal ball and we do not know what is around the corner. Often clients think about a gradual deterioration in health rather than a rapid decline or accident resulting in a sudden loss of capacity.
Grange Legal believe that having acted for multiple clients in the creation of the LPAs that;
“Nobody wants to have to make these decisions before we are faced with them, but it is so much worse for the family or those wanting to help if we do not talk and plan in advance.”
Grange Legal will guide clients through the LPA making process to ensure both they and their loved ones have peace of mind moving forwards. We are proud to operate under a fixed and transparent pricing structure known as the “Grange Legal Price Promise”.
If you require assistance preparing your Will or wider estate planning needs such as Lasting Powers of Attorney, please do not hesitate to get in touch for a free an introductory call.